Southern standard. (McMinnville, Tenn.) 1879-current, 1887-06-18
The Inter State Law.

The Interstate Commerce Com
missioners have rendered quite a
lengthy decision on the fourth section
or long and short haul clause of the
"Act to Regulate Commerce." and
the points decided are summarized by
the Commission thus:
/. That the prohibition in the
fourth section against a greatercharge
for a shorter than for a longer dis
lance over the same line, in the same
direction, the shorter being included
within the longer distance as quail
fed therein, is limited to cases in
which the circumstances and condi-
tons are substantially similar.
2. That the phrase "undersubstan-
TALLY similar circumstances and con-
ditions" in the fourth section, is used
in the same sense as the second Sec
ton and under the qualified form
of the prohibition in the fourth sec
ton carriers are required to Judge in
the first instance with regard to the
similarity or dissimilarity of the cir
cumstances and conditions that for
bid or permit a greater charge for a
shorter distance.
g.. That the judgement Of carriers
in respect to the circumstances and
conditions is not final, but is
SUBJECT TO THE AUTHORITY
Of the Commission and of the courts,
to decide whether error has been COM
mitted or whether the statute has
been violated. And in case of COM
plant for violating the fourth section
of the act, the burden of proof is on
the carrier to justify any departure
from the general rule prescribed by
the statute by showing that the cir
cumstances and conditions are sub
stantially dissimilar.
T.. That the provisions of section
requiring charges to be reasonable
and just, and of section 3, forbidding
unjust discrimination, apply when
exceptional charges are made under
section 4, as they do in other cases..
5. That the existence of actual
competition which is of controlling
force in respect to traffic important
in amount, may make outthe dissim
liar circumstances and conditions en-.
titling the carrier to charge less fOl
the longer than for the shorter haul
OVER THE SAME LINE
in the same direction, the shorter be
ing included in the longer in the fol
lowing cases:
1. When the competition is will
carriers by water which are not sub
.iect to the provisions Of the statute.
3. When the competition. is will
foreign or other railroads which ar
not subject to the provisions of tn
statute.
3. In rare and peculiar cases Q
competition between railroads whicI
are subject to the statute when
strict application of the general rul
OF the statute would be destructiyeC
competition.
6. The Commission further decide
that when a greater charge the ag
gregation is made for the transports
ton of passengers on the lake, lik
kind Of property, for. a shorter lin
for a longer distance over the sam
line in the same direction, and tn
shorter being included in the lOnge
distance, it is not sufficient justifcf
ton therefor that the traffic which
SUBJECTED TO SUCH CREATE
CHARGE
is or was local traffic, and which
given the more favorable rates is no
Nor is it sufficient justification fc
such greater charge that the short(
haul traffic is more expensive to til
carrier, unless when the circumstal
ces are such as to make it exception
ally expensive, or the long haul ira
fc exceptionally inexpensive the di
ference being extraordinary and SUI
ceptible of definite proof. Nor TIN
the lesser charge on the longer hal
has for its motive the encOuragemel